The first thing to understand about social media is that even though it is considered a legal gray area that does not mean that evidence pulled from social media sites is inadmissible in court. In fact, over the last 5 years, posts from these sites have had an increasingly important and acceptable evidentiary role in legal matters. Social media interaction and surfing the Web is fun and engaging, but there may come a time when you ride that wave of elation into the waiting jaws of a monster you didn’t see coming.
Yes, it is possible to incriminate yourself even if you plead the 5th on the stand. Your tweets, posts, updates, and blogs can be used to prove a case. The flip side of this scenario is that depending on how you use social media; that case can be proven for or against you. In this article, we’ve outlined some of the dangerous habits you need to watch for, and in some instances curb, while communicating online.
What are my Social Media Rights?
Social media privacy standards and ownership rights may still be up in the air, but that doesn’t mean you have the right to a converse free-for-all. What it actually means is that each individual case is being legally scrutinized and evaluated. In a sense, every case helps to develop and beta test statutes that will evolve into laws and standards of practice.
It’s an interesting time-legally speaking; unless you’re in the beta test group. Then it’s fair to say your future is uncertain. Rather than have more clients enter this holding pattern while they wait for previously undetermined repercussions; we’d like to tell you where the danger lies so you can be aware of how your actions online affect your chances in court.
Zone 1: Confidentiality extends to the internet. If you are involved in a lawsuit or legal matter, refrain from posting any documentation, information, or discussions regarding your case. Avoid any mention of your attorney or legal stratagem. Be extremely cautious when posting anything about the other parties involved. Radio silence is your best policy here. Keep discussions of your case and the details thereof where it belongs; between you and your attorney.
Zone 2: Assumptions based on association can hurt your credibility. Apps like Four Square and online tagging from friends can make it look like you’re involved in something you’re not. The intricacies of social media being what they are; information can get easily misconstrued and assumptions about your level of involvement or prior knowledge can be made. To avoid these logical leaps, make sure your activities are accurately reflected on your account and avoid mentioning locations or posting pictures regularly.
Zone 3: Monitor your privacy, but don’t expect it. Privacy settings on these sites do offer you some protection, but they have to be monitored and set accordingly. Sites like Facebook are notorious for constantly changing settings and requirements. Invest the time and effort to learn the privacy ropes. Also, expect that other people are monitoring you online. If you think they’re monitoring you, they probably are.
For more socially acceptable tips, contact Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas.